On Tuesday, September 12, 2023, the Supreme Court of New Jersey issued a two-year suspension for attorney Robert James Stack, an attorney who was found guilty of multiple violations of the Rules of Professional Conduct (RPC).
The case is entitled “In the Matter of Robert James Stack,” with case no. 088264.
Attorney Robert James Stack has been slapped with a two-year suspension for a string of ethical breaches. The decision, which consolidates two certifications of record filed by the Office of Attorney Ethics, highlights a series of infractions that spanned over a considerable period.
The formal ethics complaints in DRB 23-005 and DRB 23-006 outlined a multitude of rule violations, including practicing law while suspended, failing to cooperate with disciplinary authorities, gross neglect, and lacking diligence. Additionally, Stack was charged with failing to communicate adequately with clients, failing to explain matters sufficiently, and even negligent misappropriation of client funds.
Stack’s history of ethical lapses became apparent when the court pointed out a prior admonition in February 2019. The violation included representing conflicting interests without obtaining informed, written consent from the parties involved. This instance, referred to as ‘Stack I,’ was a significant precursor to the subsequent charges.
The suspension decision was further influenced by Stack’s temporary suspension in November 2020. This action was taken due to his non-compliance with the Office of Attorney Ethics’ investigation of his financial records. Despite this suspension, Stack’s non-cooperation continued, resulting in a reprimand in September 2022, in what is referred to as ‘Stack II.’
The court’s efforts to notify Stack of the complaints were met with numerous challenges. Multiple attempts via certified and regular mail, as well as electronic communication, proved futile. Even a nationwide records search failed to yield a successful delivery.
As of December 27, 2022, Stack had not filed responses to the complaints, leading to the Office of Attorney Ethics certifying these matters as defaults. Even a final notice in January 2023, warning Stack of the impending decision, went unanswered.
The Decision states:
“As of December 27, 2022, the respondent had not filed answers to the complaints, and the time within which he was required to do so had expired. Accordingly, the OAE certified these matters to us as defaults.”
In light of this non-compliance and a history of ethical infractions, the court concluded that a two-year suspension is the appropriate course of action for Stack. The decision serves as a stern reminder of the court’s commitment to upholding ethical standards within the legal profession.
The Disposition states:
“It is ORDERED that Robert James Stack is suspended from the practice of law for a period of two years and until the further Order of the Court, effective October 6, 2023.”
According to avvo.com. Mr. Stack is a bankruptcy and debt attorney at Kinnelon, New Jersey. He attended the Roger Williams University School of Law, graduating in 1996. He acquired his law license in New Jersey in 1996.
A copy of the original filing can be found here.